The Hon’ble Kerala High Court in appeals preferred by the Revenue decided questions of law involving conditions to invoke S. 68 of the Act for making additions. It was observed that, undisputedly, the transactions have taken place through banking channels. On the basis of documentary evidence, it could be said that the requisite onus as required to be discharged under S. 68 was duly discharged by the assessee, and it was the onus of the revenue to dislodge the same. However, upon perusal of orders of lower authorities, the Court found that no cogent material or evidence was on record to dislodge the claim of the assessee; rather the additions were based more on allegations, surmises, conjectures and mere suspicion. Accordingly, the Court concluded that the decision of Tribunal did not warrant any interference and consequently, the appeals were dismissed.(AY. 2012-13 to 2017-18)
PCIT (Central v. M.K. Rajendran Pillai Rajavalsam [2025] 302 Taxman 512 (Ker)(HC)
S. 68: Cash credits-Credit transfer received by other family members and group concerns could not be assumed to be assessee’s undisclosed income where AO failed to establish that assessee was de facto owner of bank accounts of various recipients. [S. 132, 260A]
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